Disclaimer Waiver of Implied Warranty Repair Services In Texas
In Melody Home Mfg. Co. v. Barnes, 741 S.W.2d 349 (Tex.1987), the court first considered whether the protection of Texas consumers required the adoption of an implied warranty that repair services of existing tangible goods or property would be performed in a good and workmanlike manner. 741 S.W.2d at 353.
After examining the policies favoring the adoption of such an implied warranty, the court held that an implied warranty to repair or modify existing tangible goods or property in a good and workmanlike manner is available to consumers suing under the DTPA. Melody Home, 741 S.W.2d at 354.
The court next considered whether the implied warranty could be waived and held that public policy precluded such a waiver by a pre-printed standard form disclaimer or an unintelligible merger clause.